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October 25, 2012

MSC Order List: October 24, 2012

After reviewing the Decision and Recommendation of the Judicial Tenure Commission, to which the respondent consents, the settlement agreement with the respondent, the standards set forth in In re Brown regarding judicial misconduct, and the stipulated findings of fact and conclusions of law, the Michigan Supreme Court ordered that respondent be publicly censured in In re: Hon. Wade H. McCree.

The Michigan Supreme Court granted leave to appeal in People v. Douglas. The parties shall include among the issues to be briefed: (1) whether the Court of Appeals erred in concluding that the defendant was prejudiced by his attorney's failure to inform him of a mandatory minimum sentence; (2) whether the remedy for ineffective assistance of counsel may include re-offering a plea bargain; (3) under MRE 803A(3), what circumstances other than "fear" may excuse the failure of a child to report sexual abuse immediately; (4) whether a second corroborative statement that includes a different allegation of sexual abuse than was provided in a first statement is admissible; and (5) whether testimony that a child's statement was "substantiated" constitutes improper vouching. The Michigan Supreme Court also granted leave to appeal in People v. Williams, limited to the issue of whether OV 19 (interference with the administration of justice) was correctly scored. The Court invited the Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan to file briefs amicus curiae in both cases.

In lieu of granting leave to appeal in People v. McCauley, which was held in abeyance pending the U.S. Supreme Court's decision in Lafler v. Cooper, 132 S Ct 1376 (2012), the Michigan Supreme Court reversed the judgment of the Court of Appeals, vacated the sentence of the Wayne Circuit Court, and remanded the case to the trial court for consideration of an appropriate remedy in light of Lafler. On remand, the prosecutor shall reoffer the plea proposal, and then the trial court "may exercise discretion in deciding whether to vacate the conviction from trial and accept the plea or leave the conviction undisturbed." Lafler, slip op at 13.

In lieu of granting leave in Burris v. KAM Transport, Inc and in People v. Davis, the Court remanded the cases to the Court of Appeals for consideration as on leave granted. Justice Marilyn Kelly would deny leave to appeal in Burris. In lieu of granting leave in Titan Ins Co v. Auto-Owners Ins Co, the Court vacated the judgment of the Court of Appeals, and remanded the case to the Court of Appeals for reconsideration in light of Titan Ins Co v. Hyten, 491 Mich 547 (2012). The Court directed the Clerk to schedule oral argument in Salem Springs, LLC v. Salem Twp, on whether to grant the application or take other action.

The Court denied 8 applications for leave to appeal, and denied the motion for rehearing in Atkins v. Suburban Mobility Auth for Regional Transport. Justices Cavanagh, Marilyn Kelly, and Hathaway would grant rehearing in Atkins. The Court vacated the judgment of the Court of Appeals in In re TD, and dismissed the application as moot.

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